The Supreme Court has struck out an injunction application by US-based lawyer, professor Kwaku Asare, also known as Prof. Azar, seeking to halt the General Legal Council from conducting entrance examinations for admission into the Ghana School of Law.
The court struck out the case following an objection by the General Legal Council over what they described as a defective affidavit.
Professor Asare in his affidavit which he deposed to, had another person sign for him which is in contravention to the rules of the court.
After several attempts to convince the court to have the mistake corrected, a lawyer for the plaintiff Kofi Bentil withdrew the application.
Professor Asare in his case argued that “the failure to make changes to LI 1296 either puts the defendants in contempt of the Court’s order cited supra or requires the constructive inference that they have complied with the Court’s order by impliedly endorsing LI 1296 as the law to govern the admissions in 2018.”
He further avers that “in either case, it is indisputable that as at December 22, 2017 (the Court’s deadline), LI 1296 had neither been amended, repealed nor replaced, and thus remained unequivocally the only law on admission to govern the 2018 admissions.”
Speaking to journalists after the decision of the court, Prof. Azar said he was hopeful that the court’s insistence that his injunction application falls in line with its rule, will ensure it forces the General Legal Council to adhere to its earlier ruling that entrance exams are no longer held for prospective students of the Ghana Law School.
“I was happy to see the court insisting that the rules must be followed. We will follow the rules but we also want the court, when the time comes, to insist that the General Legal Council also follows the rules…We filed this injunction application and there was an affidavit attached to it. I was the deponent but because I was not around, I authorized someone to sign on my behalf and that person did not impersonate me. He stated on the face of the affidavit that he is signing on my behalf.”
He however indicated that he will re-file the application signed by himself as expected by the court on Thursday.
“What transpired in court today made it sound as if somebody was impersonating. There was no impersonation….We hope when we come back tomorrow [Thursday], we will be given a date in the interest of justice and we will fully expect the court that the order that they issued on June 22, 2017 be followed. Yes, we are filling the same documentation and I will sign.”
By: Fred Djabanor/citinewsroom.com/Ghana